Insolvency
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
Frequently CitedTop 11% most-cited · cited by 27 decisions
27
Citing decisions
6+
Courts citing
Citations by decade
1
5
9
12
1990s2000s2010s2020s
Courts citing this statute
Most recently cited by10
- 2026THOMAS S.D. Ind.
- 2026Exxon Mobil Corp v. Mudd Family Partnership LLC W.D. La.
- 2025Williamson v. Paris Bankr. D. Kan.
- 2024United States v. Harrington D. Colo.
- 2023United States v. Sandwich Isles Communications, Inc. D. Haw.
- 2022United States v. Bynum W.D.N.C.
- 2021United States v. Williams E.D. Mo.
- 2021Rolloffs Hawaii, LLC - Adversary Proceeding Bankr. D. Haw.
- 2021Bledsoe III, Trustee v. Flamingo Properties, LLC Bankr. E.D.N.C.
- 2020United States v. Key W.D. Tenn.
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Text
Except as provided in subsection (c), a debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation. A debtor who is generally not paying debts as they become due is presumed to be insolvent. all of the partnership’s assets; and the sum of the excess of the value of each general partner’s non-partnership assets over the partner’s non-partnership debts. For purposes of this section, assets do not include property that is transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this subchapter. For purposes of this section, debts do not include an obligation to the extent such obligation is secured by a valid lien on property of the debtor not included as an asset. A partnership is insolvent under subsection (a) if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of— (Source: (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4961.))